Full Judgment Text
NON-REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.9337 /2016
(Arising out of S.L.P. (Civil) No.34693/2012)
RAVI PRAKASH SHARMA APPELLANT(s)
VERSUS
STATE OF U.P.& ORS. RESPONDENT(s)
J U D G M E N T
KURIAN, J.:
Leave granted.
2. The appellant has moved this Court for enhancement of
the compensation of the subject land which was at the rate
of Rs.7,840/- per bigha with 30 per cent solatium and
interest at the rate as awarded by the Reference Court.
JUDGMENT
3. As far as the claim for enhancement is concerned, we
find that in similar cases, the value fixed and which has
attained finality before this Court, is less than that is
awarded to the appellant in the High Court. Therefore, the
appellant is not entitled for any further enhancement of
the land value.
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4. The interest awarded by the Reference Court is at the
rate of 12 per cent annum on the enhanced compensation.
Under Section 28 of the Land Acquisition Act, 1894,
appellant is entitled to interest at the rate of 9 per
cent per annum on the enhanced compensation from the date
of which the collector took possession of the land, for a
period of one year, and thereafter, at the rate of 15 per
cent per annum, till the date of payment/deposit the
court.
5. The judgment in appeal is hence partly modified. The
appellant shall be entitled to interest at the rate of 9
per cent per annum on the enhanced compensation, which
includes 12 per cent per annum additional compensation and
solatium, for a period of one year from the date of
dispossession, and thereafter, at the rate of 15 per cent
per annum till the date of payment/deposit in the Court.
JUDGMENT
6. The Civil Appeal is disposed of as above. There shall
be no order as to costs.
.............J.
[KURIAN JOSEPH]
.....................J.
[ROHINTON FALI NARIMAN]
NEW DELHI;
SEPTEMBER 19, 2016
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